Res 1451 - Intergov Agrmt Struc
COUNCIL BILL NO. 1848
RESOLUTION NO. 1451
A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT
WITH MARION COUNTY TO PROVIDE FOR PART-TIME SERVICES OF A
STRUCTURAL INSPECTOR AND AUTHORIZING THE MAYOR TO SIGN SAID
AGREEMENT.
WHEREAS, the City of Wood bum Building Official inspects buildings and other
structures for compliance with the State Building Code; and
WHEREAS, building activity within the city has created an increased demand for these
inspection services; and
WHEREAS, the city wishes to use the part-time services of a structural inspector
employed by Marion County to provide additional inspection services; and
WHEREAS, Marion County currently employs this structural inspector and is willing to
contract with the city to provide these inspection services on a part-time basis; and
WHEREAS, pursuant to ORS Chapter 190, the City can enter into an intergovernmental
agreement with Marion County to provide these inspection services; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the city enter into an intergovernmental agreement with Marion County
to provide part-time services of a structural inspector.
Section 2. That the Mayor is authorized to execute, on behalf of the city, said
intergovernmental agreement, a copy of which is affixed hereto as Attachment "A" and by this
reference is incorporated her~.~ \ \ _ L * _ q 1-
Approved as to formm~
City Attorney Date
APPROVED: 0/7iil, /J ~ ~
Nancy A. . sey, Mayor f
Passed by the Council
Submitted to the Mayor
December 8, 1997
December 9, 1997
Page 1 - COUNCIL BILL NO. 1848
RESOLUTION NO. 1451
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Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: J?Z~~
Mary Te nt, City Recorder
City of Woodburn, Oregon
December 9, 1997
December 9, 1997
Page 2 - COUNCIL BILL NO. 1848
RESOLUTION NO. 1451
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ATTACHMENT A
Page...1- of3
INTERGOVERNMENTAL AGREEMENT BETWEEN
MARION COUNTY AND THE CITY OF WOODBURN
1. AUTHORITY
Pursuant to the authority ofORS 190.110, this agreement is entered into between Marion
County, a political subdivision of the State of Oregon, hereinafter called the COUNTY, and the
City of Woodburn, an Oregon municipal corporation, hereinafter called CITY.
2. PURPOSE
The purpose of this Agreement is to provide the services of a Structural Inspector to the
CITY for the administration, regulation and enforcement of the State Building code and to allow
CITY and COUNTY to share the cost of employing the Structural Inspector.
3. TERM OF AGREEMENT
This contract shall commence on the date it is signed by both parties and shall terminate
on June 30, 1998.
4. DUTIES AND RESPONSmn..ITIES
The Structural Inspector shall be an employee of COUNTY and not CITY. The employee
on loan in this position shall carry out the following as assigned:
4.1 Inspect buildings and other structures within the City of Woodburn for compliance
with the State Building Code,
4.2 Structural Inspector shall perform this function for twenty (20) hours per week.
5. PROCEDURES
5.1 Selection: COUNTY agrees to provide CITY with the services ofa structural
inspector to perform the duties and responsibilities outlined above for twenty (20) hours per
week. Marion County will retain the same structural inspector for twenty (20) hours per week as
well. The Marion County Building Official shall be responsible for selecting the individual who
will be the Structural Inspector.
5.2 Supervision: The Marion County Building Official will supervise the Structural
Inspector.
5.3 Funding: CITY will be responsible for 50% of the Structural Inspector's total salary,
Page 1 - Intergovernmental Agreement
ATTACHMENT A
Page ~ of ~
payroll expenses and other costs. COUNTY will be responsible for 50% of the Structural
Inspector's total salary, payroll expenses and other costs. COUNTY shall pay the Structural
Inspector directly as a full time COUNTY employee and the Structural Inspector shall not be an
employee of CITY for any purpose. CITY shall compensate COUNTY for CITY'S share of the
total for salary, payroll expenses and other costs by reimbursing COUNTY at a rate of $22.85 per
hour. CITY shall compensate COUNTY on a monthly basis. This rate of compensation may be
modified upon written agreement between the Director of Marion County Community
Development and the Woodburn City Administrator
5.4 Duty Station: The duty station for this assignment shall be at the offices of Marion
County Building Inspection, Salem, Oregon.
5.5 No Employment Guarantee: This agreement does not create any guarantee of
employment for any individual.
6. INDEMNIFICATION
When carrying out the duties for the CITY under this agreement the Structural Inspector
shall be deemed to be acting as the agent of the CITY and the CITY shall be solely responsible for
any loss or injury caused or alleged to be caused to third parties arising from any such negligent
acts or omissions of the Structural Inspector while acting as CITY'S agent under this agreement.
Further, CITY shall defend, hold harmless and indemnify the COUNTY with respect to any claim,
litigation or liability arising from any such negligent acts or omission of the Structural Inspector
while acting as CITY'S agent.
7. AMENDMENT
Any changes, alterations, modifications or amendments of this agreement shall be in
writing and approved by signature of both parties except as provided in paragraph 5.3 above.
8. EXTENSION
Upon written agreement between the COUNTY and CITY, this contract may be
extended, subject to the following conditions:
a, Extension shall be for one year;
b, Contract may be extended only five times.
9. TERMINA nON
This contract may be terminated by either party at any time for any reason. ,.
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ATTACHMENT A
Page -3- of :s
10. INTEGRATION
This agreement constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to this agreement must be in
writing and executed by both parties.
11. SAVINGS CLAUSE
Should any section or portion thereof of this Agreement be held unlawful and
unenforceable by any court of competent jurisdiction or upon mutual agreement of the parties,
such decision shall apply only to the specific section or portion thereof. directly specified in the
decision. Upon issuance of such a decision, the parties agree immediately to negotiate a
substitute, if possible, for the invalidated section or portion thereof.
CITY OF WOODBURN
MARION COUNTY BOARD OF
COMMISSIONERS
'--Y~~A I /~
By: / / 11 J
Mayor / Date/::J- 9-91 COmmissioner
Date
Attest: /fl,o:t, ~
City ecorder
/ ;;...-,I/-f1
Date
Commissioner
Date
Commissioner
Date
APPROVED AS TO FORM:
rn rrcr~
Woodburn City Attorney
APPROVED AS TO FORM:
Marion County Legal Counsel
APPROVED AS TO FORM:
Marion County Risk Management
c:lk\agmnts\inspecto,wpd
Page 3 - Intergovernmental Agreement
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